User:George Swan/sandbox/No longer enemy combatant: Difference between revisions
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Revision as of 09:03, 16 April 2008
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NLEC is an acronym for No Longer Enemy Combatant, a term the Bush Presidency uses for Guantanamo captives whose Combatant Status Review Tribunal determined they should not have been classified as "enemy combatants".[3]
Thirty-eight detainees were finally classified as "NLECs".[4] The fifth Denbeaux report, "No-hearing hearings", reported that an additional three Combatant Status Review Tribunals determined that captives should not have been determined to have been enemy combatants, only to have their recommendation overturned.[5]
The Washington Post has published a list of the names of 30 of the 38 individuals who were determined not to have been enemy combatants.[4] None of the detainees who were determined not to have been enemy combatants were released right away. Ten of the detainees who had been determined not to have been enemy combatants were allowed to move to the more comfortable Camp Iguana. Others, such as Sami Al Laithi, remained in solitary confinement.
The delay in the release of some of the detainees was due to considerations of the detainees safety. Some of the detainees could not be returned to their home countries, out of fears of retaliation from their fellow citizens, or the governments of their countries. Some, like Al Laithi, were returned to their home countries after the U.S. secured a promise that they would not be punished by their home countries. Others, like five of Uyghur detainees in Guantanamo, were released when the U.S. found a third country which would accept them.[6][7]
Three further captives who had been determined not to have been enemy combatants, who had been occupants of Camp Iguana since May 2005, were released in Albania in November 2006.[8][9][10]
Multiple CSRTs
The fifth Denbeaux study, entitled No-hearing hearings, revealed that some Guantanamo captives had second or third Combatant Status Review Tribunals convened when their first Tribunal determined that they had not been enemy combatants after all.[11]
H. Candace Gorman, the pro bono lawyer for Abdel Hamid Ibn Abdussalem Ibn Mifta Al Ghazzawi described her surprise when she learned that her client had initially been determined not to have been an enemy combatant, after all.[12] Gorman described traveling to the secure site in Virginia, the only place where lawyers were allowed to review their client's classified files. She was told that the justification for convening her client's second Tribunal had been that the DoD had new evidence. But, when she reviewed the transcript of his second Tribunal she found that there had been no new evidence.
Lieutenant Colonel Stephen Abraham came forward and swore an affidavit, describing his experience sitting on Al Ghazzawi's Tribunal.[13][14][15][16][17]
NLEC captives
On November 19 2007 the Department of Defense published a list of the 38 men finally deemed to be no longer enemy combatants in 2004.[18]
| isn | name | notes |
|---|---|---|
| 142 | Fazaldad | Date of his release to Pakistan unknown. |
| 208 | Maroof Saleemovich Salehove | Date of his release to Tajikistan unknown. |
| 248 | Saleh Abdall Al Oshan | Repatriated to Saudi custody.repatriated to Saudi custody on July 20 2005.[19][20] |
| 260 | Ahmed Adil | Sent to Albania with four other Uyghurs. |
| 276 | Akhdar Qasem Basit | Sent to Albania with four other Uyghurs. |
| 279 | Mohammed Ayub | Sent to Albania with four other Uyghurs. |
| 283 | Abu Bakr Qasim | Sent to Albania with four other Uyghurs. |
| 287 | Sami Abdul Aziz Salim Allaithy | Repatriated to Egypt, after assurances. |
| 293 | Adel Abdulhehim | Sent to Albania with four other Uyghurs. |
| 298 | Salih Uyar | Released to Turkey, date unknown. |
| 357 | Abdul Rahman | Date of return to Afghanistan unknown. |
| 457 | Mohammad Gul | Date of return to Afghanistan unknown. |
| 459 | Gul Zaman | Date of return to Afghanistan unknown. |
| 491 | Sadik Ahmad Turkistani | Uyghur born in Saudi Arabia, repatriated to Saudi Arabia. |
| 561 | Abdul Rahim Muslimdost | Release to Pakistan, disappeared mysteriously. |
| 581 | Shed Abdur Rahman | |
| 586 | Karam Khamis Sayd Khamsan | |
| 589 | Khalid Mahomoud Abdul Wahab Al Asmr | |
| 631 | Padsha Wazir | |
| 649 | Mustaq Ali Patel | |
| 672 | Zakirjan Asam | |
| 712 | Hammad Ali Amno Gadallah | |
| 716 | Allah Muhammed Saleem | Released to Albania, on January 7 2007, where he has applied for asylum.[21] |
| 718 | Fethi Boucetta | |
| 730 | Ibrahim Fauzee | |
| 812 | Qalandar Shah | |
| 834 | Shahwali Zair Mohammed Shaheen Naqeebyllah | |
| 835 | Rasool Shahwali Zair Mohammed Mohammed | |
| 929 | Abdul Qudus | |
| 952 | Shahzada | |
| 953 | Hammdidullah | |
| 958 | Mohammad Nasim | |
| 986 | Kako Kandahari | |
| 1013 | Feda Ahmed | |
| 1019 | Nasibullah | |
| 1041 | Habib Noor | |
| 1117 | Jalil | |
| 1157 | Hukumra Khan |
See also
References
- ↑ Inside the Guantánamo Bay hearings: Barbarian "Justice" dispensed by KGB-style "military tribunals", Financial Times, December 11 2004
- ↑ Annual Administrative Review Boards for Enemy Combatants Held at Guantanamo Attributable to Senior Defense Officials. United States Department of Defense (March 6 2007). Retrieved on 2007-09-22.
- ↑ Kathleen T. Rhem. 38 Guantanamo Detainees to Be Freed After Tribunals, American Forces Press Service, March 30, 2005. Retrieved on 2007-09-01.
- ↑ 4.0 4.1 Guantanamo Bay Detainees Classifed as "No Longer Enemy Combatants", Washington Post
- ↑ Mark Denbeaux et al, No-hearing hearings", November 17 2006
- ↑ Albania takes Guantanamo Uighurs, BBC, May 6 2006
- ↑ Freed from Guantanamo, 5 face danger in Albania, Boston Globe, May 18 2006
- ↑ U.S. Releases Three Men From Terror Camp In Guantanamo, All Headline News, November 17 2006
- ↑ Albania Agrees To Resettle Three Detainees from Guantanamo, US State Department, November 20 2006
- ↑ Pentagon sends Guantánamo captives to Albania, Miami Herald, November 17 2006
- ↑ Mark Denbeaux, Joshua Denbeaux, David Gratz, John Gregorek, Matthew Darby, Shana Edwards, Shane Hartman, Daniel Mann, Megan Sassaman and Helen Skinner. No-hearing hearings. Seton Hall University School of Law. Retrieved on 2007-04-02.
- ↑ Secrets of the War Criminals, Huffington Post, December 12 2006
- ↑ Gitmo Panelist Slams Hearing Process: Lt. Col. Stephen Abraham Is First Member Of Military Panel To Challenge Guantanamo Bay Hearings, CBS, June 23, 2007. Retrieved on 2007-06-23.
- ↑ Declaration of Stephen Abraham, Lieutenant Colonel, United States Army Reserve, June 14th, 2007. United States Supreme Court (June 14 2007). Retrieved on 2007-06-25.
- ↑ Mike Rosen-Molina. Guantanamo tribunal officer says CSRTs pressured on 'enemy combatant' rulings, The Jurist, Friday, June 22, 2007. Retrieved on 2007-06-25.
- ↑ Carol D. Leonnig, Josh White. An Ex-Member Calls Detainee Panels Unfair: Lawyer Tells of Flawed 'Combatant' Rulings, Washington Post, Saturday, June 23, 2007. Retrieved on 2007-06-24.
- ↑ Andy Worthington. Guantánamo: Will More Whistleblowers Step Forward, Please?, Huffington Post, August 8, 2007. Retrieved on 2007-08-09.
- ↑ Detainees Found to No Longer Meet the Definition of "Enemy Combatant" during Combatant Status Review Tribunals Held at Guantanamo, United States Department of Defense, November 19, 2007. Retrieved on 2008-03-01.
- ↑ Anant Raut, Jill M. Friedman (March 19 2007). The Saudi Repatriates Report. Retrieved on 2007-04-21.
- ↑ Saudi Arabia: Guantanamo Detainees Return to Legal Limbo, Reuters, May 26 2006
- ↑ Essam Fadl. Egypt: Human Rights Activist Identifies 2 Former Egyptian Guantanamo Detainees, Asharq Alawsat, January 6 2007. Retrieved on 2007-01-07.